Planning Commission - Regular Meeting

The regular meeting of the Oakley Planning Commission is called to order. Roll call. Vice chair Price. Here. Commissioner Harvey? Here. Commissioner Olivares? Here. Commissioner Chuko? Present. And I am chair Verdusco? Present. Alright. Next item is pledge of allegiance. Please stand if you're able to and join us for the pledge of allegiance.

Comments will be heard for items not on the agenda. I do not have public speaker cards submitted. To submit a public speaker comment, please complete a speaker card located in the lobby and submit to the city clerk. The time limit to speak is three minutes. The time limit is monitored by the timer located in front of the chair seat. When one minute remains on the timer, it will beep once and the light will turn yellow as a reminder to complete your comments before your time expires. We now move on to the consent calendar. Item 3.1, approve minutes for the regular planning commission meeting held on 05/06/2025. Is there any discussion, or would someone like to make a motion to approve the consent calendar?

I move to approve the consent calendar.

I have a first.

A second.

First and a second, I'll call for a vote. All in favor of approving the consent calendar, aye.

Aye. Any

opposed? No oppose or abstentions, the motion or I vote also aye. No opposed or abstentions? The motion passes. We now move on to public hearings. Item 4.1, Kumon Learning Center conditional use permit, CUP2025DashO2, mister Gorman.

Yes. Thank you so much, chair and commissioners. Just give me one moment to load up the presentation. I appreciate it. Alright. Perfect. Thank you again. My name is Evan Gorman. I'm associate planner for the city of Oak Ley. And tonight, our first application is Kumon Learning Center, conditional use permit 2025DashO2.

First, we wanna start with the lay of the land, and so here is an overview of our city. And the star shows where our project location is tonight, and it's there on the West Side of town, Northwest at the Cypress Square Shopping Center. Here's a closer look at that area. We are, the tenant space for the proposed project is highlighted in that yellow box. We are at the Northwest corner of Main Street and Carroll Lane, on the Southern side of the Cypress Square Shopping Center.

This property is zoned, commercial. Tonight's application is a conditional use permit application. For some background, on 09/25/2018, the city council adopted resolution number one nineteen dash 18 approving a conditional use permit allowing operation of a Kumon educational facility at a, roughly 1,000 square foot commercial tenant space at 4520 Main Street. The item was approved unanimously by the council, and there were no public comments provided at the meeting. Kumon is a global brand of franchised after school learning centers offering supplemental mathematics and reading programs for young students.

The existing Kumon at 4520 Main Street currently operates classes on Mondays and Thursdays from 3PM to 7PM and Tuesdays from 3PM to 6PM. The space is used as an office for operations as well as for class preparation outside of those hours. For some background on how our municipal code sees this type of use, this use is defined in our code as an educational facility, it which includes small, generally less than 2,000 square feet, spaces designed to augment the learning process of students. It requires the approval of a conditional use permit in this zone, the general commercial district. And what are, conditional use permits?

The purpose of a conditional use permit is to allow cities to review and regulate uses that may be appropriate in some locations but may not be appropriate in others. They may only be appropriate if they're operated in a certain way, and so we wanna review that. Conditions can be imposed through the public hearing process to minimize negative impacts on neighboring properties or the community. And finally, a conditional use permit requirement also provides an opportunity for neighbors and stakeholders to receive notice and provide public comment during a public hearing. And then for tonight's application, this Kumon Learning Center again has been operating since 2018.

The operators, it is operated by a family, and they'd like to move to relocate to the Cypress Square Shopping Center. They want the same operations, the same class schedule. Their class schedule is subject to change, but they have no plans to change it at this time. So just a a move. Alright.

I just wanna take one more second. I'm sorry to go back, but I wanna take one more second to look at these images. We have additional parking here at this property. It's a little bit of a larger space. This is 1,200 square feet, and, and we have, neighboring uses like the Raley's to the right of this image, and then to the left is now Bluefin Sushi.

Staff provides an analysis of almost every application. First, you know, what are the thresholds or benchmarks for this type of application? To grant conditional use permit, the planning commission must make a series of findings, including that the proposed use is appropriate for the site in terms of its size, shape, and design, that it's served by adequate streets and infrastructure, that is compatible with the character of the surrounding area and consistent with the general plan, and that it supports the orderly growth of the community, and finally complies with the California Environmental Quality Act. When we reviewed it for conformance, we found that the proposed Kumon location conforms to the required findings for approval in part due to its limited scope and the fact that the findings for conditional use permits in Oakley are primarily dealing with newer development, and ensuring that there's quality site development, again, when it talks about roadways and things like that. This space we find is large enough for the use.

It has access to even more parking than it previously did, and we don't have record of any complaints from the previous location. And then the adjacent streets are more, than, enough to handle any traffic generated by it. So we found it did meet the findings for approval. And so for the environmental review, CEQA has this exemption in section fifteen three zero one existing facilities. And so that exempts projects when the proposed project involves only, negligible or no expansion of a use beyond that existing at the time of the lead agency's determination.

Here, this is a commercial shopping center that was subject to CEQUA when it was built, and this is a commercial use going into a commercial tenant space. And so it's, it is not an expansion of the use in it, so it's exempt from CEQUA. Finally, for staff's recommendation, given that it, met the findings for approval for us, staff recommends the planning commission adopt the resolution approving Kumon Learning Center conditional use per use permit twenty twenty five dash two as conditioned. And I'm happy to answer any questions you have. We have the operators here tonight, and they don't have a presentation tonight.

They feel that this application speaks for itself, but they're absolutely happy to answer any questions you have. So thank you very much, chair, vice chair, and commissioners.

Thank you, mister Gorman. At this time, is there any questions from the planning commission? Yes. Commissioner Chuko.

Mister Gorman, what would happen to the original location on Main Street?

Yeah. The original location because this is a relocation, the original location will go up for lease again. And, you know, how it works in reality, I know you probably don't want this much depth is folks look at that space. They call us to see if the zoning's appropriate for the next use. If it is appropriate, they just get a business license and they move in. If they need a conditional use permit, you'll see that soon. And Okay. Yeah. That'll be it.

Okay. So that is just quite literally moving.

Exactly.

Lease from one location to another.

You've yeah. You've nailed nailed it. Thank you.

Thank you.

Commissioner Olivares?

You know, actually, he answered asked one of the questions I had, but otherwise, I'm excited for Kumar, and I hope that they have a lot more folks joining. So thanks.

Thank you. Any other questions from the planning commission? K. So at this time, I will open the public hearing, and receive comments from the applicant. If there are any comments or questions from or to the applicant.

Seeing none, so I'll receive comments from the public. I do not have any comments for this agenda item. So at this time, I will close the public hearing and call for deliberation.

I'd like to make a motion to approve the set permit as conditions if there are no further discussion.

Okay. I have a first. Second. I have a first and a second, so I'll call for a vote. All in favor of supporting this resolution, please say aye. Aye. Aye. Opposed? No oppose or abstentions? This motion passes unanimously. Moving on to item 4.2, which is adopted resolution recommending the city council adopt zoning text amendments related to the housing element action implementation of policy actions 1.1, 3.5, and 3.6. Mister Cortez.

Good to evening, chair, vice chair, and planning commissioners. The next item on tonight's agenda is the zoning text amendments related to the housing element action implementation of policy actions 1.1, 3.5, and 3.6. This is a city initiated application, requesting approval of a rezoning, a rezone application 2025 dash o two, consisting of zoning tax amendments that are proposed to amend, one, various sections within the Oakley Municipal Code, pertaining to the housing element, action implementation, including compliance with policy actions 1.1, 3.5, and 3.6. And two, to introduce a formal procedure for reasonable accommodation request. The planning commission is considering a proposed resolution that recommends that the city council adopt ordinances approving the, the proposed rezone consisting of zoning text amendments.

The housing element is a required part of the general plan. The six cycle housing element was adopted on 05/09/2023 and certified by HCD on 05/24/2023. Since adoption, of the housing element, the city has worked towards implementation of the goals and policy actions of the housing element, identified in chapter eight titled housing plan. The housing plan identifies specific goals and actions to address housing needs and meet statutory requirements. It identifies three core goals, production of new housing, preservation, and conservation of existing housing stock, and increased access to housing opportunities.

To implement these goals, we've developed we've developed policy actions, several of which require amendments to the Oakley Municipal Code. Policy actions specify objectives, primary responsibility, and estimated time frames for the accomplishments. Compliance with policy actions 1.1, 3.5, and 3.6 require various zoning tax amendments to the Oakley Municipal Code. The zoning text amendments will bring applicable sections of the Oakley Municipal Code into compliance with state law and in conformance with housing element actions. Policy 1.1, title rezone adequate sites to meet remaining RENNA need.

As part of action policy action 1.1, it includes changes to existing affordable to the existing affordable housing overlay, the AHO district, in the Oakley Municipal Code. These amendments only address portions related to modifying language in the existing AHO. Rezoning of the sites is a separate item and will be presented to the city council in upcoming meetings. The primary proposed modifications reflect the decision of the from the Martinez versus Clovis case, and key changes we made to the AHO are that the AHO may apply to commercial zones that allow housing to allow housing. The a h u AHO use is limited to under 50% of total arena for the affordable units.

The AHL used to have a base density of 24 dwelling units per acre that has now been modified to include 20 to 30 dwelling units per acre. Other updates include simplified language, removing update removing outdated provisions, and clarifying affordability requirements. The next action that required changes to the Oakley Municipal Code is policy action 3.5, which required the city to introduce reasonable accommodation procedures. This would be a new section in the Oakley Municipal Code nine point one point sixteen fourteen, which would establish a formal process for requesting reasonable accommodations to zoning and land use regulations. Key features of the reasonable accommodation procedures include a streamlined application process with a forty five day decision window, no fees for filing a request or an appeal.

It outlines a clear appeal process and support for individuals needing assistance for both filing an application or an appeal. And this amendment aligns with Oakley's regulations and with federal and state fair housing laws. The last policy that, required changes to the, Oakland Municipal Code is policy action 3.6, which required zoning amendments for special needs housing. This one was the larger of the actions we had to to that require changes to the Oakland Municipal Code. Some key changes that were required were transitional and supportive housing was now allowed in the AL zone.

Low barrier navigation centers are allowed by right in the mixed use and commercial zones. Emergency shelter parking is now based on the number of employees. Supportive housing projects that are a 100% affordable are allowed in by are allowed by right in zones that allow multifamily or mixed use. Residential care facilities of six six people or more are now permitted in all residential zones but must comply with standards outlined in Oakley Municipal Code section nine point one point twelve twenty eight. Manufactured home on permanent foundations are allowed as similar to other single family dwellings.

And then we added a inclusive and broad definition of family to align with fair housing laws. These zoning text amendments are exempt from the California environmental quality act, CEQUA, pursuant to CEQUA guidelines sections 15 o six one b three, which is the common sense exemption. And as such, staff recommends the planning commission adopt the proposed resolution recommending the city council adopt the ordinances amending the Oakley Municipal Code, pursuant to policy actions 1.1, 3.5, and 3.6, and finding that the action is exempt from CEQA pursuant to CEQA guidelines section fifteen zero six one b three. Thank you.

Thank you, mister Cortez. Are there any questions from the planning commission?

Yeah. I I do have a question. On the transitional and supportive housing piece, is there, data around the percentage of individuals that will qualify for these types of services? And then do we anticipate a waiting list, and will there be a plan to add more transitional supportive housing as part of the road map?

So as part of the zoning text amendments, we, were are required as part of the housing element to to allow for the the uses. We don't have any providers that are applying for the this type of project at the moment, but the code would then allow for a 100% affordable project that would include the this type of use to be permitted by Wright. But as of now, we don't have a a potential project. Yeah.

And then my follow-up question as I was reading it, it states that there's going to be a rezoning zoning site accommodation of the remaining 434 lower income units. Is this tied to the section where it says the city will identify new a h o sites through a public process?

Yes. So as part of policy action 1.1, it included additional requirements. Right now, we just have the the modifications to the AHO itself. We will be bringing to the city council actually, next week, we're we will we will be having a work session to discuss potential sites that we may be able to include, but we're also be creating a new zoning district that will allow for additional units.

Thank you.

Any other questions from the planning commissioners?

I would like to ask, what are the standards in OMC 9.1 dot one two two eight? The standards that must be complied with.

Yeah. Definitely. So these standards already existed in the municipal code. What staff did was we added two additional standards, but they are standards that would say the residential care facility shall meet appropriate use classification occupancy requirements as required by the California building code And the residential care facility shall meet all current and fire current and local fire department requirements if applicable. But the standards that currently exist are standards related to parking and things of that sort, but those are already in there in the Oakland Municipal Code.

We just converted them to seem as a to be more objective. So that's

Thank you.

What we did. Any other questions from the planning commission? Commissioner Chuko?

Yeah. Sure. So I guess the the key points to all of these amendments, right, we're trying to essentially mimic the text or essentially what state already provides. Correct? So we're more or less just doing the same thing in city of Oakland. Correct?

Yeah. So these policy actions were created in in compliance with state law. Mhmm. We we were required to implement or we're required to implement them as part of our housing element. Right. Because, annually, we do have to report that to the state like, hey. How are we progressing on these items that you said you would do? So it is a lot of it is, you know, clean up to the code to comply with, you know, many state regulations.

Right. Right. So it will doing this, we will completely comply with everything federally and state wise. Correct? Or close to it?

Clow yeah. Close to it.

I don't wanna say it. Okay. Okay. Okay.

But, yes, that that is the intent.

Gotcha. Okay. Thank you.

Alright. Any other questions from the planning commission? Okay. At this time, I will open the public hearing. I do not have any comments from the public. With that, I will close the public hearing, and call for deliberation. Would any commissioner like to make a motion to adopt the resolution?

I make a I move to adopt the resolution.

I have a first.

I second.

I have a first and a second. Therefore, I will call for a vote. All in favor of adopting the resolution as proposed, say aye. Aye. Aye. Any opposed? No opposed or abstentions. This motion passes unanimously. Thank you. Mhmm.

Okay. Then we move on to regular calendar items, item 5.1, adopt a resolution finding that the proposed twenty twenty five to twenty thirty capital improvement program is consistent with the general plan of the of the city of Oakley as required by section sixty five four zero one and sixty five four zero two of the government code. Mister Ken Strelow.

Thank you. Good evening, chair, vice chair, members of the planning commission. Kevin Ahany is not here tonight. However, we do have Billy Lee Sangshalorn, our engineering manager, and she will give a quick summary of what this is all about. And then if the commission has any questions, she she will also be able to answer those for you. So with that, I'll call Billy Lee up.

Good evening, chair Verdusko, vice chair price, planning commissioners, and members of the public who are listening, from afar tonight. My name is Billy Lee, Saint Chilern, engineering manager of the public works and engineering department. Here tonight on behalf of our public works director, Kevin Rouhani, the item I present to you this evening is to adopt a resolution finding that the proposed twenty twenty five, twenty thirty capital improvement program is consistent with the city's adopted general plan. Furthermore, city council has approved the city's capital improvement program budget in the May. The projects proposed reflect major needs of roadways and other community facilities during the next five years of our city.

A few projects to highlight for our fiscal year 2526 are five signalized signal related improvements, one of which is the Main Street and Delta. We plan to design that project in the upcoming year. The O'Hara Avenue Carpenter Road signal modification has been designed, and we plan to construct that in the upcoming fiscal year. The third signal that we're working on is the Main Street and Rose Avenue signalization, and we also plan to design that in the upcoming year. The two other signal related projects are the Main Street Smart Signals Project.

The city of Oakley has received an a grant in working with CCTA to improve the signalized intersections along Main Street. As many of you know, these signals were used to be Highway 4, Caltrans owned and maintained, which is some of our most oldest signals in our city. And c I p two c I p three twenty four is our annual traffic traffic signal modernization project to upgrade our signals in other parts of our city. The program also includes five park upgrades, two of which are resurfacing projects for the playground at Magnolia Park and Noverina Park that's existing in our city. One much needed infrastructure for the Freedom Basin restroom construction is also in the books.

And one exciting one is to build the Enrico Sinquini Park construct construction, which is the CIP three ten project that's already in construction and starting the roadway improvements at the Canal Crossing near Jersey Island Road. This is segment two of our East Cypress Road widening project. And the CIP three zero two East Cypress Road widening between Jersey to Bethel Island Road to improve it for a four lane divided arterial, which is the third segment of the East Cypress Road, and that completes the overall East Cypress project in the upcoming year. Other projects to highlight that's exciting is the CIP two seventy three project. This is the Laurel Road extension project.

Right now, we're very busy with East Cypress, but we're thinking ahead. East Laurel Road also needs an extension desperately between Teton all the way to Sellers, And we're hoping to work on the design in the upcoming year for that project and really dial in on how much that project cost so we can begin looking for funding for construction of extension. One other thing I'd like to highlight is the Sellers Avenue Roadway. I know that's been a rough ride over the last few months here. We're nearing the end.

We're working with a developer to basically do a full depth reclamation for that pavement, improving the lifespan of that roadway for the whole segment between East Cypress Road all the way to Delta Road, which will be a great amenity and great improvement to our infrastructure for years decades to come. That concludes my presentation tonight, and I'm available for any questions.

Thank you very much. Are there any questions from the planning commission?

I just have a question on the park upgrade piece. I've noticed that most of our parks don't have a lot of shade, and it's very hot here. Is it part of the upgrades of adding some additional shade besides just the picnic area? It's actually, like, around the playground?

Certainly. And that's definitely a common comment that I've heard. Me as a mother myself bringing my voice to the park have experienced that. Unfortunately, for the upcoming year, we don't have any shade improvements slated for our park. But if there is a specific park that you are interested in, feel free to send us the information, and we can definitely look for that in the future years as budget allows. Is the park that's gonna

be on Carpenter And Rose, that's the new one that's gonna be coming up. Right?

Carpenter And Rose is the Enrico Sanquini Park that's in. Okay. And that doesn't have an upgrade shaded

in part of the budget at all?

The features of the Enrico Sanquini Park does include some shade. Details of the park and the preliminary design is available on our website if you look under public works capital improvement projects. Okay. Great. Thanks.

I have a question. You mentioned that we had received some grant funding for some of the signal projects. How does that come about? Do we have an in house person that applies for those grants, or

how does that work?

I don't know if that's for you or mister Strelow. But

That's a great question. We certainly keep our eye open on opportunities. We do have a grant writer on board when we do feel that project is a good fit for a grant. We engage with that grant writer to see if we can go after those grants.

Awesome. Thank you. Any other questions from the planning commission?

A brief one. Will this bring us into ADA compliance for all of our parks?

For the two that I mentioned, for Noverina Park and Magnolia Park, the resurfacing does include improvement of ADA accessibility for those parks. And bathrooms? No bathrooms bathrooms at this point. Thank you. Adjust the Freedom Basin. Understood.

Well, as my fellow commissioners have been already asking, I mean, for me, personally, two key, you know, things as as a parent. Right? Shade definitely at the play playgrounds. I think that is something much needed, you know, if we can somehow retrofit some of our existing playgrounds, you know, because it gets really, really hot. But, more importantly, restroom construction, I understand that that project, what is it, three three one, that's very important.

However, you know, we live in, like, Emerson Ranch community, around there. There's a lot of games that leagues play on weekends right now. I'm just I mean, I don't know what to say. Like, I mean, where do all these children poor children go to the bathroom and they need to use it? You know? I mean, it's just something that I would like us as a city to consider when we build these new parks and we're obviously very proud of our parks. A lot of the times we cannot use those amenities because, like, you know, you would wanna take your children, have a party. Where are they all going to use a bathroom at? You know? Right.

So just something maybe we can all consider, you know, in our future projects and planning. Certainly. Capital improvements projects. Yeah. That would be great.

Yeah. That's certainly consideration. That's not the first that I've heard that comment. When we do develop these projects, there's a threshold as far as are we building a neighborhood park or are we building a larger community park that has larger gatherings as you spoke of? At some point in time, there were talks about installing a restroom in Emerson Ranch. I will certainly bring that up to our public works director to see if that's something available. As easy as it sounds to build a restroom

No.

No. No. I understand.

With a few other

Yeah. It's

very costly. I understand. The tie in point.

Keep I get it.

The maintenance of it.

So yeah.

Alright. Thank you.

You're welcome.

Any other questions from the planning commission?

One more question. The project one seven six at Oakley Regional Park project. I I've been here since 2016 and have attended a couple of sessions. Are we forecasting another session from the community? And then are we gonna continue to still get grant? Because I think there was some there was a decline, right, on state proposition 68 California grant that was declined. What other formats or other ways are you all looking at to get more grants into funding this particular park? Is it gonna be another decade for it to get built? Because it's been a long time.

I know. It's a loaded question, and it's definitely one we've all wanted to see come to fruition. Unfortunately, the price tag of that park is astronomical. There is a plan for it, which is also available on our website and under capital improvements that that has gone through the approval process, and we are still continuing to seek, grant funding with the grant writer and and looking out for all those opportunities.

And I apologize. One more question. On the parks just in general, and, again, speaking as a parent, in the funding, will there also be, what, additional piece of the restroom, right, but cameras for the new parks that are gonna be installed for from a safety perspective, is that part of also the budget?

Cameras are definitely something we've added into our existing parks over the years and have continuously grown that network. Our our parks manager definitely has grown to improve that with vandalism and things that we around our parks. For the five parks I've mentioned, I don't believe I don't believe cameras are included, but I could certainly see the Freedom Basin restroom near that area having some features. So I will bring that up to our public works director. Thank you.

Any other questions? Okay. No further questions. I also don't have any public comments on this item. So would any commissioner prefer to discuss the item further or make a motion?

I make a motion to move forward.

I have a first.

I second this motion.

I have a first and a second. All in favor of adopting the resolution as proposed, please say aye. Aye. Aye. Any opposed? No oppose or abstention. This motion passes unanimously.

Thank you.

Thank you so much.

Thank you.

We have no work sessions, so we'll move on to reports. Item 7.1, reports from staff. Does staff have any reports for us?

I do. I do for this meeting. And June is is quite an eventful month for the city of Oakley, so there's a few things to go through. To start off on June 6, this Friday, we will have the Friday Night Bites food truck event along with Concert in the Park right here at the Civic Center running from five to 9PM. And then on Wednesday, June 11, we have the fireworks community forum with Oakley PD.

That's located right here in the Council Chambers from six or it starts at 6PM. And then on Saturday, June 14, the city will have its Juneteenth celebration. That is also here at the Civic Center Plaza, and that's from 10AM to 1PM. And at that event, there will be music, food, and other community events. And then on Saturday, June 21, we have movies on Main Street, and the movie will be Space Jam, a new legacy.

It's the one with LeBron, not Jordan. And that will be right here at the Civic Center Park. Start activity start at 07:45. The movie will begin at sundown. And then on Saturday, June 28 is Oakley Summerfest, our fantastic event held right here in Downtown Oakley, and that will run from 10AM to 3PM, and that will take up much of the Civic Center Plaza as well as areas on Main Street. And finally, on Tuesday, July 1, will be our next regularly scheduled planning commission meeting. Thank you.

Okay. Item 7.2, Oakley Planning Commission reports from the planning commissioners. I have one. I will be unavailable next month for the meeting.

Last month, I was able to attend the transplant committee. So it was really great. It was wonderful just to kind of hear everyone out and from all and the representation from all the so thank you. It was it was from all the cities. We had a good conversation overall over over public outreach and project analysis. Some of the questions that I asked was about safety with pedestrians, and and they're still trying to do more comparative analysis on how that helps with cyclists and drivers and what have you. The next meeting is gonna take place June 12. So I'll have Carrie attend that as she's the main lead. And then they have a mayor's conference coming up on July 10.

Did they I saw something I forgot where I saw it. It might have been LinkedIn where Tri Delta Transit is piloting a program where they're gonna offer free rides to the youth over the summer. Did they mention anything? They may have. There was

a lot of content in there, so

I'll double check. I thought that was pretty cool. Thank you. Any requests for future agendas?

No. But I do have a question. Ken, on the June 11 Oakley PD fire work, conversation, is that a first time that they've done this, or has this been done over the years?

Sorry. What was the second part of

The June 11 Oakley PD, is that something that's been done before, or is this a first time?

I can't say with a 100% confidence, but I think this is the first time they're they're holding something like this. Okay. Yeah. I'll get back to

you on that and give you a a sure answer on that. Okay. Just so we we can get all the community together and attend. Thanks. Mhmm.

Anything else? Going once. No. There being no further business, this meeting is adjourned.